Criminal Justice Basics

What are the four violent crimes?

Murder, rape, robbery, assault

What are the four property crimes?

Burglary, larceny, motor vehicle theft, arson

Mala in se

Consensus - behavior should be regulated by law ("bad in and of itself")

Mala prohibitum

Conflict - why are certain things regulated by law (ex. marijuana) (bad simply because they are prohibited)

Consensus view of law

General societal structural needs or cultural wants; we have the laws because we need them (greatest good to the greatest # of people)

Conflict view of law

Weapon of the ruling elites to dominate the masses; law is a product of conflict between elites & everyone else (law is used to maintain position)

Criminal law

- Evidence beyond a reasonable doubt

- State vs. offender

- Potential declaration of guilt (less evidence)

- Deprivation of liberty

Civil law

- Preponderance of evidence (more needed)

- Plaintiff vs. defendant

- Judgement for or against

- Fine or remediation (not incarceration)

What does the state represent in criminal law?

- The people (don't need an individual victim to testify)

- District attorney represents all of society

- No victimless crimes; you hurt society

What does crime violate?

The social contract (violates all of society, not just the individual)

What is civil law meant for?

Not for a declaration of guilt - intended to repair relationships (not seen as a violation of the social contract like criminal law is)